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BY 

SOLICITOR OF 
AMERICAN AND FOREION PATENTS, 

Attorney in Patent Gases, 



Prompt attention to matters before the SUPREME 

COURT and COURT OF CLAIMS, and 

BEFORE CONGRESS. 



Attorney for General Practice in all the various De- 
partments of the Government. 



liocli Box 7, 



Wasbin^tou, D. C 



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7 



INDEX. 

Appeals 11 

Application for Patents 7 

for Designs 13 

for Trade Marks 13 

Rejected 11 

Assignments 13 

Recorded 13 

Forms for 23 

Caveats 6 

Copies 14 

bow obtained 14 

Correspondents : 4 

Drawings 8 

Designs 13 

Disclaimers 10 

Examination, preliminary 7 

Fees 20 

Forms for Power of Attorney 21 

for Assignments 23 

Government Fees 20 

Interference 10 

Inventors, to 3 

Letter to Correspondents 4 

Models 8 

Patents, who may obtain 5 

Application for 7 

Preliminary Examination , . . 7 

Power of Attorney, forms for 21 

Revocation of 21 

Reissue ... 9 

Rejected Application , 11 

Renewals 10 

Tariff 20 

Trade Marks .13 

To Inventors • 2 

Who may obtain a Patent 5 

FOREIGN PATENTS. 



Bavaria 19 

Belgium 17 

British 16 

Canada 18 

Ceylon ...19 

Frnnce 16 

India... 19 



Italy 19 

New South Wales 19 

New Zealand 19 

Prussia 17 

Russia 17 

Spain ,..19 

Victoria 19 



To^Y Patrons. 



Washington, D. C, January 5, 1875. 

In reply to tlie manifold questions daily addressed 
to me by inventors and persons interested in AMERI- 
CAN and FOREIGN PATENTS, I have the honor 
to submit for their consideration the following sug- 
gestions and information, trusting that it may aid in 
resolving their doubts. 

Should fuller information be desired on any of these 
subjects, I will take pleasure in giving it. 

I>. W. OLASSIE. 




mmran f |'0i[cign 




Who may Obtain a Patent. 

Any person, either citizen or alien, being the first 
inventor or discoverer of any new and useful art, ma- 
chine, manufacture or composition of matter, or any 
new and useful improvement thereon. 

Joint inventors are entitled to a joint patent. 

If the inventor be dead or insane, the executor, ad- 
ministrator, assignee or guardian may make the appli- 
cation. 

A patent will not be granted, however, for anything 
described in any printed publication, in this or any 
foreign country, nor if it has been abandoned, in pub- 
lic use, or on sale more than two years. 



6 



CaTeats. 

A " Caveat " consists of a sketch and general 
DESCRIPTION of an INVENTION, and is filed in the 
Secret Archives of the Patent Office, on paying the 
Government fee ($10.00,) and entitles the inventor to 
a notice from the Commissioner of Patents^ if any one 
else applies for a patent embracing the same or similar 
features. Caveats are renewable from year to year* 
by paying the Government fee ($10.00.) In case of 
an interference, a Caveat is prima facia proof for the 
Caveator. 

If an inventor has not fully matured his invention, 
and requires further time to complete and test it before 
applying for letters patent, and at the same time pro- 
tect his property in the invention, it is advisable for 
him to file a Caveat. 

To give the inventor sufficient latitude in which to 
complete his experiments and invention, too much 
care and skill cannot be exercised in preparing his 
drawings and general description. 

For this service my charge is usually in proportion 
to the work required, but never unreasonable. 



Preliminary Elxaniinations. 

Before making application for Letters Patent, the 
inventor may find it advisable to have an examina- 
tion made in the Patent Office, for the purpose of as- 
certaining whether his invention or any part of it has 
been patented in this country. 

To secure this, a sketch and short description of the 
invention, or a model, accompanied by a fee of not 
less than $5.00, should be forwarded. I will then 
make as thorough an examination as the department 
will permit— absolute certainty cannot be expected— 
and, if I am satisfied the invention is anticipated, I 
will give the inventor the benefit of ni}^ research and 
opinion, and may thereby save him many dollars, and 
enable him to correct or improve his invention. 

If I conclude the invention is patentable, the fee 
paid for the preliminary examination will be credited 
on account of future charges. 



Application for Patents* 

An " application '* consists of a petition to the Com- 
missioner of Patents, accompanied by specifications de- 
scribing in detail the invention, pointing out what is 
coiisidered new, and specifically what is claimed by 
the inventor, together with the inventor's oath ; and, 
where the nature of the case will admit of it, drawings 
and a working model. 

To enable me to prepare an application, the inven- 
tor should send a model and a statement of what he 
considers new, with the first Government fee ($15.00) 
and $5.00 per sheet (ordinarily) for the drawings ne- 
cessary to show the invention to the best advantage. 



8 



Models. 



The model must be neatly and substantially made 
of durable material. 

If of soft wood, it should be painted, stained or var- 
nished. 

Its dimensions should not exceed one square foot. 

Glue must not be used in its construction. 



I>rawiiigs* 



The drawings should be made with the fewest lines 
possible, consistent with clearness, and wilh a pen 
only, using the blackest Indian ink — every line and 
letter (signatures included) must be absolutely black — 
and should be on " Two-sheet " Bristol board, or 
Sheets cut from Whatman's hot-pressed drawing pa- 
per, "antiquarian" size, surface calendered and 
smooth. The size of sheet to be exactly 10x15 inches, 
with a single marginal line one inch from its edge, 
leaving the "sight " precisely 8x13 inches. All work 
and signatures must be included within these marginal 
lines. On the upper end of the sheet a space of not 
less than 1 J inches, measuring down from the margi- 
nal line, must be left blank for names, &c. Spaces 
must also be left at the right and left hand lower 
corners, inside the marginal line, for signatures of the 
inventor and his witnesses. 

Drawings should be rolled, not folded, for trans- 
mission. 



These instructions do not apply to di'awings for trade marks and designs. 
{See Designs and Trade Marks.) 



9 
Rcissne— Amendments. 



Many of tbe most valuable patents issued by the 
Department bave been found defective in some im- 
portant feature, and sometimes nearly, if not abso- 
lutely, worthless, in consequence of the loose and 
imperfect manner in which they were drawn and pre- 
sented, leaving, as it were^ the doors open to patent 
sharks and infringers, who, taking advantage of the 
imperfect patent and valuable suggestions made by 
the invention, apply for and secure to themselves a 
more perfect patent, thereby driving the meritorious 
inventor and his defective patent out of the tield. 



In such cases the law provides a way whereby the 
patentee, if living, or his legal representative if he be 
dead, may remedy these defects by applying for a re- 
issue; provided thQ error has arisen from inadver- 
tence, accident, or mistake, and without fraud, &c., 
on the part of the inventor. Anything that is em- 
braced in the original invention and shown in the 
model or drawings, or described in the specifications, 
may be covered by the reissue. 



In reissuing, a patentee may have a patent for each 
separate and distinct part of his invention, by making 
the pr per application and paying the Government 
fee of $ij0.00 in each case. 



As greater care and skill is requisite to secure a 
valuable reissue, my fees are from $70.00 upwards, 
as may be agreed upon. 



10 



Renewals. 

If the final GovernmeDt fee ($20.00) is not paid 
within six months after notification issues that the 
patent is allowed, the law declares the case forfeited. 
It may, however, be renewed within two years from 
that time, by paying another first Government fee 
($15.00,) and filing proper petitions. The application 
will then be re-examined, and if no case is found on file 
with which it interferes, the patent will issue on pay- 
ing the final Government fee ($20.00.) 



Disclaimers* 

When a patentee by inadvertence or accident, but 
without fraud on his part, claims and receives a pat- 
ent for more than that of which he was the first in- 
ventor, the patent may be declared void. To secure 
what is original in said invention, the patentee, his 
heirs or assignees, whether of the whole or sectional 
interest, may make a disclaimer in writing of such 
parts as were not original with him, by paying the 
Government fee of $10.00. 



-o- 



Interferences. 

An interference is declared to determine priority of 
invention between two or more parties claiming the 
same subject matter, or to prove an abandonment, &c. 

When an interference has been declared, and the 
Patent Office has designated a day for hearing, the 
parties are permitted to show, by proof, taken under 
certain legal forms and established rules, who was 
the first inventor, or they mny ahnndon the applica- 
tion. On the day set the ca&e is heard as in a Couri, 



11 

on argument, before an officer in the Patent Office, 
and the question of priorit}^ is settled on the testimony 
adduced. If the interference applies to a part only 
of the invention, the interfering case may be aban- 
doned and a new application made for the balance. 

As much depends upon the testimony and how it 
is taken, often involving some very delicate discrimi- 
nations as well as intricate legal points, inventors 
will find it to their advantage and profit, when select- 
ing an attorney to conduct an interference case, to em- 
ploy a lawyer, who can bring into the case not only 
a familiarity with mechanics, the rules and practice 
of the Patent Office, but a thorough Jinowledge of 
the law. 

I make contested cases a specialty. 



Rejected Applieatious. 

Applications for patents are often rejected in con- 
sequence of the inventor claiming more than was 
original with him, or for want of proper skill in pre- 
paring the case. With a view to correcting these er- 
rors, and to put the matter in its true and proper light 
before the department, these cases require the per- 
sonal examination and supervision of an attorney who 
can discriminate between the rejected case and those 
given in the reference. 

I make this class of business a specialty, taking 
charge of cases for inventors or their agents who can- 
not attend in person. My terms are reasonable. 



Appeals. 

Every applicant for a patent, or the reissue of a 
patent, when a final adverse decision is rendered, 
may„under certain established rules, and by petition 
in writing, appeal : 



12 

1st. From the primary examiners to the Board of 
Examiners-in-Uhief ; Goverument fee $10.00. 

2d. From the Board of Examiners-in-Chief to the 
Commissioner of Patents ; Government fee $20.00. 

3d. From the Commissioner of Patents an appeal lies 
in all cases, except interferences, to the Supreme 
Court of the District of Columbia, by furnishing a 
certified transcript of the entire case, and paying the 
clerk a docket fee of $10.00, &c. 

As appeals .require a great deal of personal atten- 
tion, elaborate written and oral arguments, and no 
little labor, the fee is charged in proportion to the 
service, and is generally governed by special agree- 
ment with parties in interest It is usual, however, 
to secure a small retainer in each step. 



I>e8igiis. 

Patents are granted for any new and original de- 
sign for a manufacture, bust, statue, alto-relievo, bas- 
relief, design for printing on silk, cotton, woolen or 
other fabrics, impression, ornament, pattern, print, or 
picture to be printed, painted, cast or otherwise to be 
placed on or worked into articles of manufacture, for 
terms of three and a half, seven or fourteen years, at 
the option of the inventor, by paying the Government 
fee of $10.00, $15.00, or $30.00 respectively. When 
the invention is susceptible of illustration b}^ a model, 
one should be furnished, together with eleven copies of 
the drawings, (see mechanical drawings,) or by eleven 
copies of engravings or photographs (not mouiited) 
7|xll inches. Send one extra copy^ Fees reasonable. 



13 



Trade Mark. 



Every person, firm, or corporation doing business 
in the United States, and every alien, foreign firm or 
corporation, resident in a country where by treaty 
tlie same privilege is extended to American citizens, 
are entitled to protection in the lawful use of a tkade 
MARK for thirty j^ears, with a privilege of an exten- 
sion of thirty years longer, under certain circumstan- 
ces, by filing the proper application and paying the 
Government fee, $25.00. 

To secure this patent, I require your name, your 
business, j^our residence and place of business, a de- 
scription, fac simile, and eleven copies of the Trade 
Mark, what kind of goods it is to be used on, how 
long it has been in use, if at all, together with the 
Government fee, and my fee of from $10.00 to $25.00. 



Assignineiiiis. 



A PATENT or TRADE MARK may be assigned either 
as to the whole or any individual part, before or after 
the issuing of letters patent. {See forms.) 

The assignment of a patent should be recorded 
in the Patent Office within three months, and a Trade 
Mark within sixty days from the execution thereof 
to make it vcdid against a subsequent purchaser, &c. 



14 



Copies. 



Certified copies of drawings, specifications and du- 
plicates of Models, for use in the Courts, &c., may be 
obtained at cost prices. 



How to order Copies, &e. 

In ordering copies of drawings and specifications, 
as well as assignments or other transcript of the 
records, the name of the inventor and patentee, the 
title of the invention and the date of the patent should 
be given. The number should also be given, if known , 
accompanied by a small advance to secure against 
loss. 




15 



m 



oreiRa m^ateats 



WHEN, WHEEE AND HOW THET MAT BE OBTAINED. 



D. Vr. 6LASSI£, 

ATTORNEY. 



16 



eurofi:an patents. 



' BRITISH LETTERS PATENT. 

The subject matter of a British Patent must be a 
** new manufiicture " or improvement. If the inven- 
tion has been known, published, or a description of it 
circulated in the Kingdom prior to filin!^ the ap- 
plication, the patent, if granted, is voidable. The 
patentee may be the inventor or first importer. Brit- 
isli Patents issue for fourteen years, subject to a third 
and seventh j^ear stamp. 

The entire cost of procuring a patent for Great 
Britain. Ireland, &c., exclusive of the two stamps, is 
usually $800.00. 

In Great Britain provisional protection can be ob- 
tained by paying $100,00, but the application for pat- 
ent must be completed and the balance of the fces paid 
within two and a half months thereafter. 



France. 

In France a patent issues for fifteen years, and two 
years are allowed to put it into use. If issued to 
other than ihe inventor, the patent is voidable. A 
small annual tax is required to be paid on the patent 
each year. 

The entire cost, fees and all, exclusive of the annual 
tax, is $100.00. 



17 
Prussia* 

COVERING NORTH GERMANY. 

Patents can be obtained in Prussia for new Goods, 
new Machines, new Tools, and new modes of Fabri- 
cation, if they are useful to industry and manufacture, 
and afford new means of industrial developments. 
A patent issues for from six months to fifteen years, 
in the discretion of the ministers charged with admin- 
istering patent laws, but more generally for three 
years. Anybody can take out a patent, if a descrip- 
tion of it has not been published either in Germany 
or elsewhere, and it has not been in use in the 
Empire. 

Further information given if desired. Usual cost 
$125.00 in gold. 



Belgium. 

Patents are issued to inventors only, in Belgium, 
and for twentj' years; but if previously patented in 
another country, they expire with the date thereof. 
It must be put to use in one year, and a small annual 
tax is required by the Government. 

The usual expense for procuring a Belgian patent 
is $100.00. 



Russian £mpire. 

The Eussian Empire, with its eight millions of 
square miles, and exceeding eighty millions of inhabi- 
tants, is fast coming to the front as one of the first 
nations in Europe, presenting to patentees the most 
promising field in the old world. 



18 

The subject matter of a Russian patent must be a 
new discovery, invention, or improvement of an in- 
dustrial process. An invention is deemed new when 
it is not publicly known in the Empire, and a patent 
will be issued to the inventor, his agent, or to the 
first importer. 

The duration of a patent of invention will be three, 
five or ten years, subject to the termination of any 
prior foreign patent. The duration of a patent of uu- 
portation is from one to six years, inclusive. 

The expense of obtaining a patent in Russia, in- 
cluding the taxes, &c., is from $200.00 to $500.00. 



Canada. 



The inventor, his heirs, legal representatives, or 
assigns, only, may obtain a patent in Canada, for any 
new and useful art^ machine, manufacture or compo- 
sition of matter, or an improvement therein, if it has 
not been patented in any foieign country for more 
than one year. The patent shall issue for five, ten or 
fifteen years, at the election of the applicant, and or- 
dinarily* the entire cost, exclusive of a model, which 
will be about the size of the one required in the Uni- 
ted States, will be $75.00, $05.00 and $115.00. 

It should not be forgotten by inventors, that in 
Canada many millions of dollars are now being ex- 
pended in railways, canals and other public works, 
w^hich enterprises have naturally given a great im- 
petus to manufactures of every description, opening 
up a new and extensive field for valuable inventions. 



19 



THE EXPENSE TOB. OBTAINING PATENTS IN 

New South Wales, 

For fourteen years, is, iu gold $225 

Xew Zealand, 

For fourteen years, is, in gold 175 

Victoria, 

For fourteen years, is, in gold 175 

India, 

For fourteen years, is, in gold 200 

Ceylon, 

For fourteen years, is, in gold , . 175 

Italy, 

Patents are granted for from one to fifteen years, 
in gold 215 

BaTaria, 

For fifteen years, is, in gold 135 

Spain, 

Not including Cuba, is, in gold 450 



20 



Tai'lfif of Oovernineiit Fees Required by tlie 
Patent Office. 

The following is the tariff of fees established by law, 
and are required to be paid in advance of each step 
respectively : 

On filmg every application for a design patent 
for three years and six months $10 00 

On filing every application for a design patent 
for seven years - » . . . 15 00 

On filing every application for a design patent 
for fourteen j^ears 30 00 

On filing every caveat 10 00 

On filing every application for a patent for an 

invention or discovery 15 00 

On issuing each original patent for an inven- 
tion or discovery 20 00 

On filing a disclaimer 10 00 

On filing every application for a reissue ... 30 00 

On filing every application for a division of a 
reissue 30 00 

On filing the first appeal from the primary ex- 
aminer to examiners-in-chief, 10 00 

On filing an appeal to the Commissioner from 

examiners-in-chief 20 00 

On depositing a trade-mark.. 25 00 

On depositing a label.. 6 00 

For every certified copy of a patent or other 
instrument, for every 100 words 10 

For certified copies of drawings, tlie reasonable 
cost of making them. 

For recording every assignment of 300 words 

or under 1 00 

For recording every assignment, if over 300 

and not over 1,000 words 2 00 

For recording every assignment, if over 1,000 

words 3 00 

For copies of the specifications and accompanying 

drawings of patents, the reasonable cost of making 

them. 



Form for Power of Altorney. 

To the Commissioner of Patents : 

The undersigned Laving, on or about the lOtli day 
of January, 1875, made application for letters patent 
for an improvement in a horse power, hei eby appoints 
D. W. Glassie, of Washington, D. C, his attorney, 
Avith full power of substitution and revocation, to 
prosecute said application, to make alterations and 
amendments therein, to receive the patent, and to 
transact all business in the Patent Office C(mnected 
therewith. John Roe. 

Si!]:ned at , and State of , this day 

of— ^ ,18—. 



REVOCATION OF POWER OF ATTORNEY. 

The undersigned having, on or about the 16th day 
of November, 1874, appointed A. B., of the city of 

, and State of , his attorney ,Ho prosecute 

an application for letters patent, made on or about the 
1st day of July, 1873, for an improvement in Gun 
Locks, hereby revokes the power of attorney then 
given. John Roe. 

Signed at -, -, this — day of ^ 18—- 



22 



Form for Assignments. 



38. OF AN UNDIVIDED FRACTIONAL INTEREST IN AN 

INVENTION BEFORE THE ISSUE OF LETTERS 

PATENT. 

In consideration of one dollar to me paid by A. B., 

of , 1 do hereby sell and assign to said A. B., 

an undivided half of all my right, title and interest in 
and to a certain invention in Guns, more fully set forth 
and described in the specification which I have pre- 
pared (if the application has already been made, say 
*'and filed") preparatory to obtaining letters patent 
of the United States therefore. And I do hereby au- 
thorize and request the Commissioner of Patents to 
issue the said letters patent jointly to myself and the 
said A. B., our heirs and assigns. 

Witness my hand this — — day of , 18 — . 

C. D. 



39. OF THE ENTIRE INTEREST IN LETTERS PATENT. 

In consideration of five hundred dollars, to me paid 

by A. B., of , I do hereb}^ sell and assign to the 

said A. B., all my right, title and interest in and to the 
letters patent of thelJnited States, No. 141,806, for an 
improvement in Corn Shellers, granted to me July 
30, 1874, the same to be held and enjoyed by the said 
A. B.,to the full end of the term for which said letters 
patent are granted, as fully and entirely as the same 
would have been held and enjoyed by me if this as- 
signment and sale had not been made. 

Witness my hand this day of , 18 — . 

CD. 



23 



OF AN UNDIVIDED INTEREST IN THE LETTERS 
PATENT AND EXTENSION THEREOF. 

In consideration of one thousand dollars, to me paid 

by A. B., of , I do hereby sell and assign to the 

said A. B., one undivided fourth part of all my right, 
title and interest in and to the letters patent of the 
United States, No. 110,485, for an impiovement in 
Stoves, granted to me, May 16, 1874, the same to be 
held and enjoyed by the said A. B., to the full end of 
the term for which said letters patent are granted, and 
for the term of any extension thereof, as fully and 
entirel}^ as the same would have been held and en- 
joyed by me if this assignment and sale had not been 
made. 

Witness my hand this — day of , 18 — . 

CD. 



EXCLUSIVE TERRITORIAL GRANT BY AN ASSIGNEE. 

In consideration of one thousand dollars, to me paid 

by A. B., of , I do hereby grant and convey to 

the said A. B., the exclusive right to make, use and 

vend within the State of ,and in no other place 

or places, the improvement in Corn Planters, for 
which letters patent of the United States, dated Au^ 
gust 15, 1867, were granted to E. F., and by said E. 
F. assigned to me December 3, 1867, by an assignment 
duly recorded in liber XS, p. 416, of the records of the 
Patent Office, the same to be held and enjoyed by the 
said A. B., as fully and entirely as the same would 
have been held and enjoyed by me if this grant had 
not been made. 

Witness my hand this 19th day of March, 1868. 

CD. 



LIBRARY OF CONGRESS 



■iiini 

019 973 299 



LICENSE — SHOP RIGHT. 

In considci'ation of fifty dollars to me paid by the 

firm of S J. & Co,, of ~ , I do hereby license and 

empower the said S .F. & Co. to manufacUire at a sin- 
gle foundr}^ and machine shop in said , and in 

no other place or places the improvement in Cotton 
Seed Planters, for which letters patent of the United 
States, No. 71,846 were granted to me, November 18, 
1868, and to sell the machines so manufactured 
throughout the United States, to the full end of the 
term for which said letters patent are granted. 

Witness mv hand this 22d day of April, 1869. 

CD. 



LIBRARY OF CONGRESS 



019 973 299 7 



